PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

Till 2005, there was no civil law dealing with Domestic
Violence. There was not even a definition in law of Domestic Violence, or
any express recognition of it. The need for immediate and emergency
relief was fulfilled with the passing of this Act.

KEY FEATURES:

The Law forbids Physical, Verbal, Sexual, Emotional and
Economic abuse of women

Every woman has the right to live in a violence-free
shared household

Every woman can get a Protection Order for freedom from
violence

Children are also covered by this Act – any person can
file a complaint on their behalf

Domestic relationships are not restricted to the
marital context – Any woman who has been in a domestic relationship
(sisters, widows, mothers, daughters, women in relationships of
co-habitation, victims of bigamous marriages, single women, etc,) who
has been subjected to acts of domestic violence can seek relief under
this Act.

Every woman in a domestic relationship shall have the
right to reside in the shared household, whether or not she has any
right, title or beneficial interest in the same. An aggrieved woman
shall have a right not to be evicted or excluded from the shared
household or any part of it by the respondent, save in accordance with
the procedure established by law.

PROTECTION ORDER:

Protection Orders can be claimed preventing the
Respondent from

Committing, aiding or abetting any act of Domestic
Violence or any other Act specified in the order

Entering the place of employment or any other place
frequented by the aggrieved woman

Attempting to communicate with the aggrieved woman
including personal, oral or written, electronic or telephonic
contact

Alienating assets, operating bank lockers or bank
accounts used/held/enjoyed by both parties, including her stridhan
(except with the leave of the court)

Causing violence to dependants, other relatives and
persons who give the aggrieved woman assistance from Domestic
Violence

RESIDENCE ORDER:

Residence Orders can be passed by the Court directing the
Respondent to

Restrain from disturbing possession of the aggrieved
possession of the aggrieved woman from the shared household, or from
entering any portion of the shared household in which the aggrieved
woman resides

Direct the Respondent to remove himself from the shared
household (This order cannot be passed against a woman)

Restrain the Respondent from alienating/disposing
off/encumbering the shared household or from renouncing his rights in
the shared household (except with the leave of the court)

Direct the Respondent to secure alternate accommodation
for the aggrieved woman (where she so desires)

OTHER RELIEFS:

Compensation and damages: for injuries caused by
acts of Domestic Violence committed by the Respondent (including mental
injury)

Interim and Ex Parte Orders: depending on the
views of the concerned Magistrate

The Act can be used in addition to existing laws. Hence,
an aggrieved woman can continue to use existing provisions of law
concurrently. (offences under IPC and other laws). An aggrieved woman
has the right to file a complaint simultaneously under Section 498A
IPCReliefs under this Act can be asked for in other legal proceedings
such as: Petition for divorce, maintenance, Section 498A IPC
petitionsAn application can be filed in a pending proceeding for a
residence order according to the Rules of the Court in which the case is
pending

For further queries on Domestic Violence or for help/counseling, please contact :